STATE OF NORTH CAROLINA
v. Wayne County
No. 97CRS14659
ROBERT L. CHESSON
Attorney General Roy Cooper, by Assistant Attorney General
Christopher W. Brooks, for the State.
Appellate Defender Staples Hughes, by Assistant Appellate
Defender Anne M. Gomez, for defendant-appellant.
MARTIN, Judge.
Defendant was found guilty of possession of marijuana on the
premises of a penal institution and of having attained status as an
habitual felon. He was sentenced to a minimum of 108 months and a
maximum of 139 months on 25 June 1998. On appeal this Court found
no error in defendant's trial and remanded the case for a
resentencing hearing in an unpublished opinion filed 18 July 2000,
COA99-350. On remand, the trial court imposed a sentence of the
same duration. Defendant appeals from that judgment.
Defendant contends that the indictment charging him with
possession of a controlled substance on the premises of a penal
institution is fatally defective because it fails to allege that
defendant knowingly possessed the controlled substance. The
indictment charges that on or about the 10th day of August, 1997 in
Wayne County, Robert L. Chesson . . .
unlawfully, willfully, and feloniously did
violate N.C.G.S. 90-95(a)(3) by possessing
marijuana, a controlled substance, which is
included in Schedule VI of the North Carolina
Controlled Substances Act. The defendant
possessed the controlled substance on the
premises of a penal institution, to wit: Wayne
Correctional Center.
Generally, an indictment couched in the language of a statute
establishing a crime is sufficient to charge the crime. State v.
Blackmon, 130 N.C. App. 692, 699, 507 S.E.2d 42, 46, cert. denied,
349 N.C. 531, 526 S.E.2d 470 (1998). The crime of possession of
a controlled substance on the premises of a penal institution is
established by G.S. § 90-95(e)(9), which provided at the time of
commission of the offense charged in this case that [a]ny person
who violates G.S. 90-95(a)(3) on the premise of a penal institution
or local confinement facility shall be guilty of a Class I Felony.
N.C. Gen. Stat. § 90-95(e)(9) (Cum. Supp. 1991). A person violates
G.S. § 90-95(a)(3) if he unlawfully possesses a controlled
substance. A crime is committed willfully if it is done purposely
and designedly in violation of law. State v. Stephenson, 218 N.C.
258, 264, 10 S.E.2d 819, 823 (1940).
Here, the indictment is couched in the language of G.S. § 90-
95(e)(9) and alleges that defendant unlawfully, willfully, and
feloniously violated the statute. We hold the indictment is
sufficient to charge the crime.
No error.
Judges HUNTER and BRYANT concur.
Report per Rule 30(e).
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